IN THE CASE OF:	  

		BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110018952 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be granted 2 additional years of constructive service credit for his Master of Science (M.S.) Degree in Physiology that he earned before starting medical school at Temple University in 1998.  He goes on to state that both his M.S. and M.D. degrees were earned before he enrolled in the Financial Assistance Program (FAP) and was appointed to the rank of captain in the United States Army Reserve (USAR). 

2.  The applicant states that he should be granted 2 additional years of constructive service credit for his Master of Science (M.S.) Degree in Physiology which he earned before starting medical school at Temple University in 1998.  He goes on to state that both his M.S. and M.D. degrees were earned before he enrolled in the Financial Assistance Program (FAP) and was appointed to the rank of captain in the United States Army Reserve (USAR).  He further states that he inquired of his recruiter and branch manager at the time of his recruitment and was told that his additional constructive credit would be applied at the time he entered active duty; however, it never was.  He also states that his degree in physiology aided him in the successful completion of medical school, his General Surgery residency and his plastic surgery training and it contributes to his current work as a plastic surgeon.  

3.  The applicant provides a memorandum of support from a consultant to the Surgeon General of the Army and copies of his appointment orders, orders to active duty, his oath of office, his officer record brief and a copy of a previous case approved by the Board that is similar to his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded a Bachelor of Science Degree in Biology at American University in Washington, D.C. in 1996, a Master of Science Degree in Physiology at Temple University in Philadelphia, Pennsylvania and a M.D. Degree in medicine at Temple University in 2002.

2.  On 10 June 2003, while attending medical school at Temple University, the applicant entered into a F. Edward Herbert Armed Forces Financial Assistance Program (FAP) Agreement in which he agreed to serve 7 years of active duty and 1 year in the Individual Ready Reserve in return for financial assistance to obtain training in General Surgery/Plastic Surgery for the period of 1 July 2003 to 30 June 2009.  He was appointed as a medical corps captain in the USAR and was granted no constructive service credit.

3.  On 2 July 2009, he was ordered to active duty in the rank of major and on 5 November 2009, orders were published by the Human Resources Command giving him a date of rank of 2 July 2008.  He was initially assigned to Walter Reed Army Medical Center (WRAMC) in Washington, D.C. and is currently stationed at Fort Belvoir, Virginia.

4.  The memorandum provided by the applicant from the Chief of Plastic Surgery at WRAMC and consultant to the Surgeon General of the Army for Plastic Surgery indicates that it was his observation that many of the applicant’s insights into the injury patterns where beyond the scope of standard plastic surgery training and that the applicant’s experience gained through pursuit of his masters degree had directly benefited the patients and the Army.

5.  In the processing of this case a staff advisory opinion was obtained from the Program Manager, Graduate Medical Education Division of the Office of the Surgeon General which indicates that the applicant’s advanced degree was considered at the time of his entry on active duty and completion of the FAP and it was determined that no credit would be given.  Additionally, his advanced education was not required for his original appointment or  his medical degree and it did not reduce the amount of training to meet board requirement.  Accordingly, it was recommended that he not be granted additional credit for his Masters Degree.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

6.  Army Regulation 135-101 provides the criteria for award of constructive service credit for Army Medical Corps commissioned officers ordered to active duty.  Table 3-3 of that regulation provides, in pertinent part, that no constructive credit may be granted for a masters degree in physiology.  
7.  Department of Defense (DoD) Directive 1312.3, Service Credit for Commissioned Officers, was republished on 21 October 1996 to implement Reserve Officer Personnel Management Act (ROPMA) guidelines.  It provided, in pertinent part, that the intent of constructive credit was to provide grade and rank parity for individuals being commissioned after completing advanced educational requirements (i.e. JAGC, Medical Corps and Chaplains) as compared to those commissioned upon obtaining a baccalaureate degree.  Unusual cases involving special experience or unique qualifications as determined by the Secretary of the Military Department concerned shall not exceed one-half year for each year up to 3 years of credit. 

8.  DoD Directive 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  Paragraph 6.1.1.3. provides that commissioned service on active duty or in an active status while participating in an educational program leading to appointment in a specialty in which constructive credit is awarded, shall be awarded day-to-day credit for service performed.  An officer on active duty or in an active status who completes a program that would qualify for credit under subparagraph 6.1.2.2. in less than the number of years normally required may be given constructive credit by the Secretary of the Military Department concerned.  Constructive credit may be awarded only if such advanced education or advanced degree is required as a prerequisite for original appointment as a commissioned officer in a particular category.

9.  Physiology is the science of the function of living systems.  This includes how organisms, organ systems, organs, cells and bio-molecules carry out the chemical or physical functions that exists in a living system.

DISCUSSION AND CONCLUSIONS:

1.  Each case considered by the Board is decided based on the individual merits of the case and the evidence submitted by the applicant as well as the evidence of record.  Accordingly, no attempt will be made to explain to the applicant why some cases were granted relief and other cases were not.

2.  In the applicant’s case he contends that he should be granted additional constructive credit for his master’s degree in physiology because it contributes to his present practice of plastic surgery.

3.  The applicable directives and regulation provides that in order to receive additional constructive credit for an advanced degree, the additional degree must add adjunctive skills to the primary specialty and must contribute directly to the performance in the anticipated position.  Additionally, it must be a specialty that is listed in the applicable table of the regulation.  In the applicant’s case, a masters degree in physiology is not a specialty listed as being authorized additional constructive credit.

4.  The subject matter experts in this case (the OTSG) have opined that the applicant is not entitled to constructive service credit for his master’s degree and there does not appear to be any reason to believe that the office is inconsistent in its recommendations to the Board.

5.  Accordingly, there appears to be no basis to grant him additional constructive service credit beyond what he has already received.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





      __________X___________
               CHAIRPERSON
       
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110018952





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ABCMR Record of Proceedings (cont)                                         AR20110018952



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